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(영문) 창원지방법원 진주지원 2018.11.29 2018고단1184
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On June 13, 2018, at around 16:09, the Defendant made a speech that may cause sexual humiliation and aversion for three minutes to the victim C, who is a police officer, by communicating the wire telephone to the 112 comprehensive situation room of the Gyeongnam Local Police Agency, using the cable telephone, and sending it to the police officer, “I am fry, v. S. S. S. S., f. S., No. 136, S. S. S., E. S., Dop., and our § b.S.).”

Accordingly, the defendant reached the victim with a view to meeting his own sexual desire, which causes sexual humiliation through telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - The reason for sentencing under Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where this judgment becomes final and conclusive, a defendant who is registered with personal information of the same kind of crime is subject to registration pursuant to Article 42(1) of the same Act, and thus, is obligated to submit personal information to a competent agency pursuant

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect of sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims thereof, the Defendant is subject to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children Juveniles against Sexual Abuse.

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